H*3111 Session 108 (1989-1990)
H*3111(Rat #0009, Act #0005 of 1989) General Bill, By Sheheen and Wilkins
A Bill to ratify an amendment to Section 22, Article V of the Constitution of
South Carolina, 1895, relating to grand and petit juries, so as to authorize
the General Assembly to establish a State Grand Jury by general law; and to
ratify an amendment to Section 11, Article 1 of the Constitution, relating to
the requirement that no person may be held to answer for any crime where the
punishment exceeds a fine of two hundred dollars or imprisonment for thirty
days, unless on a presentment or indictment of a grand jury of the county
where the crime has been committed, with certain exceptions, so as to provide
that nothing contained in the Constitution is deemed to limit or prohibit the
establishment by the General Assembly of a State Grand Jury with the authority
to return indictments and with that other authority, including procedure, as
the General Assembly may provide.
01/10/89 House Introduced, read first time, placed on calendar
without reference HJ-52
01/11/89 House Read second time HJ-7
01/12/89 House Read third time and sent to Senate HJ-14
01/12/89 Senate Introduced and read first time SJ-84
01/12/89 Senate Referred to Committee on Judiciary SJ-84
01/18/89 Senate Committee report: Favorable Judiciary SJ-19
01/19/89 Senate Read second time SJ-25
01/19/89 Senate Unanimous consent for third reading on next
legislative day SJ-25
01/20/89 Senate Read third time and enrolled SJ-33
02/08/89 Ratified R 9
02/08/89 No signature required
02/08/89 Act No. 5
02/27/89 Copies available
(A5, R9, H3111)
AN ACT TO RATIFY AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF
SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO AUTHORIZE THE
GENERAL ASSEMBLY TO ESTABLISH A STATE GRAND JURY BY GENERAL LAW; AND TO RATIFY
AN AMENDMENT TO SECTION 11, ARTICLE I OF THE CONSTITUTION, RELATING TO THE
REQUIREMENT THAT NO PERSON MAY BE HELD TO ANSWER FOR ANY CRIME WHERE THE
PUNISHMENT EXCEEDS A FINE OF TWO HUNDRED DOLLARS OR IMPRISONMENT FOR THIRTY DAYS,
UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY OF THE COUNTY WHERE THE
CRIME HAS BEEN COMMITTED, WITH CERTAIN EXCEPTIONS, SO AS TO PROVIDE THAT NOTHING
CONTAINED IN THE CONSTITUTION IS DEEMED TO LIMIT OR PROHIBIT THE ESTABLISHMENT
BY THE GENERAL ASSEMBLY OF A STATE GRAND JURY WITH THE AUTHORITY TO RETURN
INDICTMENTS AND WITH THAT OTHER AUTHORITY, INCLUDING PROCEDURE, AS THE GENERAL
ASSEMBLY MAY PROVIDE.
Be it enacted by the General Assembly of the State of South Carolina:
State grand jury authorized
SECTION 1. The amendment to Section 22, Article V of the Constitution of South
Carolina, 1895, prepared under the terms of Joint Resolution 206 of 1988, having
been submitted to the qualified electors at the general election of 1988 as
prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895,
and a favorable vote having been received on the amendment, is ratified and
declared to be a part of the Constitution so that the section is amended to read:
"Section 22. The petit jury of the Circuit Court shall consist of twelve
members and the number of jurors of other courts must be determined by law. All
jurors in any trial court must agree to a verdict in order to render the same.
The grand jury of each county, and the state grand jury, as the General Assembly
may establish by general law, shall consist of eighteen members, twelve of whom
must agree in a matter before it can be submitted to the Court. Each juror must
be a qualified elector under the provisions of this Constitution and of good
moral character."
State grand jury authorized
SECTION 2. The amendment to Section 11, Article I of the Constitution of South
Carolina, 1895, prepared under the terms of Joint Resolution 206 of 1988, having
been submitted to the qualified electors at the general election of 1988 as
prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895,
and a favorable vote having been received on the amendment, is ratified and
declared to be a part of the Constitution so that the section is amended to read:
"Section 11. No person may be held to answer for any crime where the
punishment exceeds a fine of two hundred dollars or imprisonment for thirty days,
unless on a presentment or indictment of a grand jury of the county where the
crime has been committed, except in cases arising in the land or naval forces or
in the militia when in actual service in time of war or public danger. The
General Assembly may provide for the waiver of an indictment by the accused.
Nothing contained in this Constitution is deemed to limit or prohibit the
establishment by the General Assembly of a state grand jury with the authority
to return indictments irrespective of the county where the crime has been
committed and that other authority, including procedure, as the General Assembly
may provide." |